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Uttarakhand High Court
8Th March vs State Of Uttarakhand And Others on 18 March, 2026
2026:UHC:1888-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (PIL) NO. 28 OF 2025
18TH MARCH, 2026
Om Prakash Sharma ...... Petitioner
Versus
State of Uttarakhand and others ...... Respondents
Counsel for the petitioner : Mr. Siddhartha Singh, learned
counsel
Counsel for the respondents : Mr. J.C. Pande, learned Standing
Counsel for the State
: Mr. Sandeep Kothari, learned counsel
for respondent No. 4-HRDA
The Court made the following:
JUDGMENT:
(per Sri Manoj Kumar Gupta, C.J.)
1) The present PIL has been filed by the petitioner
claiming himself to be a public spirited citizen. He has
prayed for a mandamus restraining the respondents from
encroaching over any part of the temple premises for
carving out road to the proposed parking stand in the
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Tehsil premises, Roorkee. The petitioner is having a
sweetmeat shop near the Tehsil premises. It is alleged
that the respondents are proposing to construct a car
parking and in the process they intend to demolish the
temple for providing approach road to the parking stand.
2) It appears that the temple itself through its
Secretary approached this Court by way of a writ petition,
being WPMS No. 679 of 2023, wherein the temple also
sought a writ of mandamus for restraining the respondent
authorities from demolishing any part of the temple and
also from constructing parking in Shiv Mandir premises.
The learned Single Judge has disposed of the said writ
petition by order dated 16.03.2023, noticing the stand of
the Development Authority that the construction of the
proposed parking would not disturb or result in demolition
of any part of the temple building. It has also been noted
that the proposed construction would only affect some
part of verandah on the northern side of the temple as it
would come in the way of the parking stand which is
proposed to be constructed. The learned Single Judge has
taken note of the fact that in recent years there has been
exponential growth in the number of vehicles in the city
and construction of the modern automated parking stand
is need of the hour. The learned Single Judge after
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noticing the stand taken by the Development Authority
that it would not demolish the main temple building has
disposed of the writ petition. The relevant extract of the
order is as follows :
"On the request of learned counsel for
Haridwar Roorkee Development Authority (in short
"Development Authority"), he was granted time to
get instructions. Today, Mr. Shobhit Joshi, learned
counsel appearing for Development Authority has
produced in Court written instructions dated
15.03.2023 issued by Joint Secretary of the
Development Authority.
Perusal of the written instructions reveals that
main building of Shiv Temple will not be disturbed
due to construction of parking and only a Varanda
on the northern side of the temple would have to be
removed for making way for construction of
approach road. From the written instructions issued
by Joint Secretary, Development Authority, it is
apparent that the apprehension expressed by
petitioner, that the temple building would be
demolished for construction of public parking in
Tehsil Campus Roorkee, is unfounded.
During the last two decades, there has been
exponential growth in the number of vehicles,
especially four wheelers in every town/city;
however, due to rapid urbanisation, open space,
which was used for parking vehicle, has shrunk.
Consequently, roads/highways are being used for
parking vehicles which has led to further congestion
on the already congested roads. Construction of
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Modern Automated Parking in every town/city is
need of the hour, which will help in decongesting
the road.
Haridwar Roorkee Development Authority has
taken lead in the right direction and this Court will
not come in the way of a project which will help in
easing the problem of parking in Haridwar town.
Even otherwise also, as per written
instructions, issued by the Competent Authority i.e.
Haridwar Roorkee Development Authority, the main
temple building will not be disturbed due to
construction of parking.
Thus, there is no scope for interference in the
matter. Writ petition is, accordingly, disposed of by
taking the written instructions, issued by Joint
Secretary, Haridwar-Roorkee Development
Authority, on record."
3) The matter was taken up by Co-ordinate Bench
on 18.03.2025 and, on the said date, the following order
was passed :
"Mr. Siddharth Singh and Mr. D.S. Negi, learned
counsel for the petitioner.
2. Mr. Sunil Khera, learned Deputy Advocate
General for the State of Uttarakhand / respondent Nos. 1
to 3.
3. Mr. Sandeep Kothari, learned counsel for
respondent No. 4.
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4. Learned Deputy Advocate General submits
that the Secretary of the Temple had already approached
the learned Single Judge, and written instructions had
been placed before the learned Single Judge, wherein it
has been stated that the main temple would not be
disturbed and only a portion of the verandah on the
northern side of the temple would be removed.
5. Learned Deputy Advocate General would
further submit that the construction of the multi-level car
parking lot will not, in any way, hamper the ingress and
egress of the devotees to the temple.
6. In that view of the matter, we direct
respondent Nos. 3 & 4 to submit a plan to this Court,
wherein the provision is made for the temple and the
ingress and egress of the devotees to the temple is not
blocked. In the event, such a plan is submitted in the
Court, it would put an end to all speculations and also
ease the agitated minds of the devotees."
7. Learned Deputy Advocate General would
submit that a week's time be granted to them to file the
said document in the Court.
8. List on 25.03.2025."
4) In compliance of the said order an affidavit has
been filed by Secretary, HRDA, in which it has been
reiterated that the main temple building would not be
disturbed and only portion of verandah on the northern
side would be removed for construction of the parking lot.
It is also stated that residence of the Pujari and a lawyer's
chamber would be affected.
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5) We have examined the map submitted by HRDA
along with its affidavit and we find that the main temple
premises is not getting affected and there is also ample
space for ingress and egress for the devotees to the
temple premises. As such, the apprehension expressed
by the petitioner that the proposed construction would
adversely affect the sentiments and rights of the devotees
is not found to be correct.
6) Moreover, as noted above, the temple itself had
approached this Court by way of separate petition and the
same has already been disposed of by this Court.
7) For the said reasons, we find no good ground to
proceed further in the instant matter. The petition is,
accordingly, consigned to record.
8) Pending application(s), if any, also stand
disposed of.
_______________________
MANOJ KUMAR GUPTA, C.J.
_________________
SUBHASH UPADHYAY, J.
TH
Dt: 18 MARCH, 2026
Negi
HIMANS
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HU NEGI
757, postalCode=263001,
st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990FC
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Date: 2026.03.19 15:58:12 +05'30'
